Writ petition seeking direction to allow GPF benefits under old Rules and declaration of coverage under 1992 Pension Rules. Court dispensed with merits and directed respondent to decide the filed representation within three months.
Directing opposite party no.1 to take decision on the representation within three months.
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W.P.(C) No. 33568 of 2020
02. 04.12.2020
The matter is taken up through video conferencing. Heard Mr. K. Swain, learned counsel for the petitioner and learned Standing Counsel for School & Mass Education Department.
The petitioner has filed this writ petition seeking direction to the opposite parties to allow the petitioner to avail the benefit of GPF under the old Rules so also to make a further declaration that the petitioner is covered by the Orissa Civil Services (Pension) Rules, 1992 prior to its amendment by taking into account the initial date of appointment of the petitioner keeping in view the decisions held by the Punjab and Haryana High Court in Harbans Lal v. The State of Punjab and Ors. , (CWP No. 2371 of 2010 decided on 31.08.2010), which has been upheld by the Hon’ble apex Court in SLP(C) No.23578 of 2012 [SLP(C) CC No.17901 of 2011] disposed of on 30.07.2012 ( State of Punjab and Ors. Vs. Harbans Lal), and also in the case of Jeewan Lata v. State of Punjab and others (CWP No. 10238 of 2017 (O&M) decided on 10.05.2019) with all consequential benefits.
In course of hearing, learned counsel for the petitioner states that highlighting the grievance, the petitioner has made a representation to the opposite party no.1 vide Annexure-4, but no decision has yet been taken.
Considering the limited grievance of the petitioner, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition directing the opposite party no.1 to take a decision on the representation filed by the petitioner vide Annexure-4 and pass appropriate order in accordance with law within a period of three months from the date of production of certified/authenticated copy this order by the petitioner.
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(DR. B.R. SARANGI, J)
Ajaya
1 issue framed by the court
Whether the petitioner should be allowed to avail benefits of GPF under old Rules and if covered by Orissa Civil Services (Pension) Rules, 1992 prior to amendment.
Ayaya
School & Mass Education Department
DR. B.R. SARANGI
As recorded by the court registry
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